THE

LAWS OF OLERON.

THIS justly celebrated code was originally promulgated by Eleanor, duchess of Guienne, the mother of Richard I, of England. Returning from the Holy Land, and familiar with the maritime regulations of the Archipelago, she enacted these laws at Oleron in Guienne, and they derive their title from the place of their publication. The language in which this collection of laws was originally clothed is that of Gascony, and their first object appears to have been the commercial operations of that part of France only:

By Richard I, of England, who inherited the dukedom of Guienne from his mother, this code was improved, and introduced into England. Some additions were made to it by king John, it was promulgated anew in the 50th year of Henry III, and received its ultimate confirmation in the 12th of Edward III.a

England and France contend for the honour of having originated this system of laws: but we only notice this circumstance to introduce the observation, that it affords the strongest testimony of the value of the collection, and of the high respect in which it is held by the two greatest nations of the world. Indeed it forms the basis of the celebrated ordinances of Lewis XIV, of France, and it is admitted as authority in the courts of common law, as well as the admiralty courts of England.

The translation now published is printed from the "Sea Laws," and the editor has carefully compared it with the copy published in French by Cleirac, in a work entitled "Les Us. et Coutumes de la Mer." He has not considered himself authorized to make any alterations in the text, but wherever a variance between the copies has been discovered, he has pointed it out, and he has given the words of the French copy, with a particular reference to the passage from which, in his opinion, they differ.

a Brown, Civil and Adm. Law, vol. ii, p. 40.

HISTORY OF THE LAWS OF OLERON.

The "notes and illustrations," which are highly valuable, will be found by a reference to Cleirac, to have been principally abridged from his work, and, indeed, in some instances they are extracted verbatim. While an acknowledgement of the source from whence they were derived, would have been honourable to the candour of the compiler of the Sea Laws, these Commentaries would have obtained increased authority from the reputation and talents of their real author, who is justly estimated among the most distinguished jurists of France.

THE

LAWS OF OLERON.

ARTICLE I.

WHEN several joint owners make a man master of a ship or vessel, and the ship or vessel departing from her own port, arrives at Bordeaux, Rouen, or any other such place, and is there freighted to sail for Scotland, or some other foreign country; the master in such case may not sell or dispose of that ship or vessel, without a special procuration* from the owners: but in case he wants money for the victualling, or other necessary provisions of the said vessel, he may for that end, with the advice of his mariners, pawn or pledge part of the tackle or furniture of a ship.

OBSERVATION.

The title of master is so honourable, and the command of a ship of such importance, that great care has been taken by all maritime nations, that none may be employed but honest and experienced men. By an ordinance of the admiralty in France, A. D. 1584, every master of a ship before he took upon him that trust,

In the copy

of the Roll d'Oleron, published by Cleirac, in the original French, the words are, "procuration ou mandement spécial." "Pour les dépens," in Cleirac's copy.-E.

a

THE MASTER CANNOT SELL HIS SHIP.

Art. I.

was to be examined whether he was fit for it. The Spanish naval laws require the same thing: El maestre de la nave, para serlo, ha de ser marinero y examinado. Cedula real del Anno 1576. Impressa con las de Indias quarto tomo. The ordinances and regulations of the Hanse Towns, do not only demand experience and capacity, but honesty and good manners. And none was to be admitted into the service of any citizen aboard his ship, without a certificate of his qualifications, as to his honesty and capacity. See their Book of Ordinances, book vi, art. 1.

The Greeks called the master of a ship Пsov, cujus fidei navis concreditur, to whom the government of the ship is entrusted; but so, that the master cannot sell the ship itself, nor any of her tackle or furniture, without the order or consent of the owners. However, in case of necessity, when he is in a far country, he may pawn or pledge her tackle for provisions, and if that will not do, he may borrow money on the ship's bottom, though not without the consent of his officers and seamen. According to the ordinances of Wisbuy, art. xiii, & xv, and Philip II king of Spain's ordinances in the year 1563, art. xii. Those of the Hanse Towns forbids a master of a ship, notwithstanding he is part owner, not only to sell, but to do any thing, even to buy tackle or victuals, without acquainting the other owners of it, unless it be in a strange country, and in a case of necessity, well and lawfully attested, art. iii, iv, V, &c. seq.

By the ordinances and customs of the sea, it appears, that formerly it was not thought safe to entrust a master of a ship with the vessel and cargo, unless he was a freeman of that city, and part-owner of the ship; and if he was part-owner, when he had betrayed or abused his trust, the other owners might turn him out of the ship, paying him what his part of her came to at the same price he gave for it. See the ordinances of the Hanse Towns, art. xiv. And if he pretended he had sold his part to another person for more than it was worth, the other owners might have it appraised, and take it to themselves, paying him what it was valued at by such appraisement, art. liii.

The master commonly took care of every thing belonging to the ship, from the poop to the mainmast. He was obliged to understand the art of piloting and navigation, that he might know how to control the pilot, and mind how he steers the ship, y si el maestre no fuere piloto es obligado a vevar un marinere

VESSEL ABOUT TO SAIL.

diestro en la navigacion, tel' que, pueda regir la nave a falla de piloto, according to the ordinances of Spain. The mate's command reached from the stern to the mizenmast, the latter included. It will not be thought improper by the curious to mention here the several officers of a ship, either men of war, or merchantmen, as they were distinguished aboard, a century of years ago.

In royal navies the first officer was the admiral; then the vice-admiral, then the captain-major or chief of a squadron. In every man of war, the first officer was the captain, the second the pilot, who enjoyed that place in honour of the sciences he profest and practised; next to him was the master, who had the charge of the tackle and furniture, and then the captain, and lieutenant of the soldiers. In a merchantman the first officer was the master, the second the pilot, the third the mate, the fourth the factor, or supercargo; then his assistant, accomptants, the surgeons, the steward, four corporals, the cook, the gunner, the cockswain; the gunner and cockswain used to work before the mast, as well as the rest of the ship's crew, but their wages were more. There is a great deal of difference between the order of precedency on board of a ship now, and what was formerly: for the captain and lieutenant of the soldiers would think it very hard to give place to the pilot and master of a ship; and the factor, or supercargo, will as difficultly be persuaded to own the master of a vessel's superiority, except in what relates to the navigating the ship.

Art. I.

ART. II.

If a ship or other vessel be in a port, waiting for weather, and a wind to depart, the master ought when that comes, before his departure to consult his company, and say to them, Gentlemen, What think you of this wind? If any of them see that it is not settled, and advise him to stay until it is, and others, on the contrary, would have him make use of it as fair, he ought to follow the advice of the

The master the ship's company be

must consult

fore he sails.